Murtland v. Floyd
Case Details
- Judge(s)
- Green, Heydbick, Heydrick, McCollum, Mitchell, Paxson, Williams
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Pennsylvania
Related Laws
No specific laws identified for this ruling.
Outcome
The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's dismissal of the petitioner's request to include equipment rental payments in calculating his average weekly wage for workers' compensation benefits.
Excerpt
Appeal, No. 278, Oct. T., 1892, by Joseph Walton, from order of C. P. No. 2, Allegheny Co., April T., 1892, No. 6, entering judgment for want of a sufficient affidavit of defence in favor of John A. Murtland, administrator. Assumpsit to recover the amount of a deposit. From the record it appeared that the action was brought against Joseph Walton and a large number of other defendants, who were alleged to be “ late partners doing business under the name and style of the American Bank.” Walton filed an affidavit of defence, .but several of the defendants neither filed an affidavit of defence, nor had an appearance entered for them of record. The court entered judgment against Walton for want of a sufficient affidavit of defence, but no judgment was entered against the other defendants. Error assigned was, in ordering judgment to be entered against appellant in default of sufficient affidavit of defence when it appears from the record that there the action is a joint one, and no disposition whatever is made of the case against the other defendants.
What This Ruling Means
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